Theoretical Foundations of Law and Economics

By: Mark D. White (Editor)

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Paperback | 18 August 2011

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304 Pages

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22.86 x 15.24 x 1.73

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The economic approach to law, or law and economics, is by far the most successful application of basic economic principles to another scholarly field, but most of the critical appraisal of the field has been scattered among law reviews and economics journals. Theoretical Foundations of Law and Economics is the first original, book-length examination of the methodology and philosophy of law and economics, featuring new essays written by leading legal scholars, philosophers, and economists. The contributors take issue with many of the key tenets of the economic approach to law, such as its assumption of rational behavior, its reliance on market analogies, and its adoption of efficiency as the primary goal of legal decision-making. They discuss the relevance of economics to the law in general, as well as to substantive areas of the law, such as contracts, torts, and crime."

Industry Reviews

"Professor White does a real service by gathering these works into a single volume ... [He] has advanced the discourse in this lively field. His collection offers a fine law and economics primer, framing the arguments and leaving the reader better equipped to understand the theoretical underpinnings of the difficult accommodations that continue to be made in a world of scarcity." - Michael C. Macchiarola, The Law and Politics Book Review

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You Can Find This Book In

Non-Fiction Law Jurisprudence & General Issues Jurisprudence & Philosophy of Law International Law Public International Law International Economic & Trade Law Economics Laws of Specific Jurisdictions Company Law Commercial Law

Other Editions and Formats

Hardcover

Published: 19th March 2009

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The Role and Use of Economics in Legal Studies
Modeling courts
Is there a method to the madness? Why creative and counterintuitive solutions are counterproductive
Functional law and economics
Legal fictionalism and the economics of normativity
Efficiency
Efficiency, practices, and the moral point of view: limits of economic interpretations of law
Numeraire illusion: the final demise of the Kaldor-Hicks principle
Justice, mercy and efficiency
Rationality and the Law
Bounded rationality and legal scholarship
Emotional reactions to law and economics, market metaphors, and rationality rhetoric
Pluralism, intransitivity, incoherence
Values and Ethics in Civil and Criminal Law
Law and economics and explanation in contract law
Welfare, autonomy, and contractual freedom
Efficiency, fairness, and the economic analysis of tort law
Retributivism in a world of scarcity
Table of Contents provided by Publisher. All Rights Reserved.

Theoretical Foundations of Law and Economics

At a Glance

Paperback

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

Other Editions and Formats

Hardcover

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